Month: October 2020

Every workplace has hazards. An employer has a legal responsibility to look after your employees’ safety and protect them against health and safety hazards at work.

In order to manage workplace health and safety and help prevent accidents and sickness absence, it’s important to identify, monitor and reduce the risk associated with workplace hazards.

Simply put, workplace hazards are any aspect of work that cause health and safety risks and have the potential to harm.

Some hazards are more likely to be present in some workplaces than others, and depending on the work that you do, there will be hazards that are more or less relevant to your business.

There are many types of workplace hazards, which tend to come under four main categories:

• Physical hazards: The most common workplace hazards, including vibration, noise and slips, trips and falls;
• Ergonomic hazards: Physical factors that harm the musculoskeletal system, such as repetitive movement, manual handling and poor body positioning;
• Chemical hazards: Any hazardous substance that can cause harm to your employees;
• Biological hazards: Bacteria and viruses that can cause health effects, such as hepatitis, hiv/aids and legionnaire’s disease.

Common health risks

Some of the most common health risks associated with workplace hazards include:

• Breathing problems
• Skin irritation
• Damage to muscles, bones and joints
• Hearing damage
• Reduced wellbeing

How to prevent workplace hazards

The best way to protect yourself and your employees from workplace hazards is to identify and manage them and take reasonable steps to prevent their potential to harm.

In order to control workplace hazards and eliminate or reduce the risk, you should take the following steps:

• Identify the hazard by carrying out a workplace risk assessment;
• Determine how employees might be at risk;
• Evaluate the risks;
• Record and review hazards at least annually, or earlier if something changes.

The following seven steps focus on the basics of a less formal program for smaller businesses; these key steps to a safe work environment will be the basic components of your health and safety program.

1. Create a plan to promote workplace health and safety

As an employer, you must identify hazards in your workplace and take steps to eliminate or minimize them. Develop a safety plan. Tell your employees what you will do to ensure their safety and what you expect from them. Make sure your employees have access to a first aid kit.

Hazards can include: a cleaner working with heavy duty cleaning products, a mechanic working with large machinery or a warehouse manager stacking heavy boxes.

2. Inspect your workplace

Regularly check all equipment and tools to ensure that they are well maintained and safe to use. Also check storage areas and review safe work procedures. Are boxes in your storage area stacked in a safe manner? Are your employees instructed how to lift heavy goods without injuring themselves?  Do your employees know where the fire exit is and where they should gather if there is a fire?

3. Train your employees

Proper training is necessary for all employees, especially if there is a risk for potential injury associated with a job. Provide written instructions and safe work procedures so they can check for themselves if they are unsure of a task or have forgotten part of their training. Supervise your employees to ensure that they are using their training to perform their job properly and safely.  By not providing the correct training for your employees you are not only endangering the safety of your employees but you will be held liable for the incident which could have serious consequences.

4. Talk regularly with your employees

Meet regularly with your staff and discuss health and safety issues. Encourage them to share their ideas and thoughts on how to improve safety in the workplace. You might even consider providing first aid training for staff so they are prepared to deal with emergency situations.

5. Investigate Incidents

Even if an incident does not result in a serious injury, conduct an incident investigation to help determine why an incident happened so you can take steps to ensure that it will not recur.

6. Maintain Records

Keep records of all first aid treatment, inspections, incident investigations, and training activities. This information can help you identify trends in unsafe conditions or work procedures.

7. Make safety a key part of your business

Safety shouldn’t be an after-thought; it’s just as important to a successful business as customer service, inventory control, and financial planning. A commitment to health and safety makes good business sense because it’s the one way to protect your greatest resource your people.

A good HR policy tries to ensure that women employees should not give up their otherwise aspiring career to fulfil their role as a mother. A woman becoming the mother fulfils her duties just not for her family but for society as well. Corporate Sector is coming up with various beneficial schemes for the welfare of the Women Employees who are now the driving force in the working community.

Until modern times, legal and cultural practices, combined with the inertia of longstanding religious and educational conventions, restricted women’s entry and participation in the workforce.

Under Article 15(3), the Constitution of India allows for positive discrimination in favour of women. The article, under right to equality, states that: “Nothing in this article shall prevent the State from making any special provision for women and children.” In addition, the Directive Principles of State Policy 39(A) states that: “The State shall, in particular, direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood.”

The Rashtriya Mahila Kosh (National Credit Fund for Women) was set up in 1993 to make credit available for lower income women in India. More recent programs initiated by the Government of India include the Mother and Child Tracking System (MCTS), the Indira Gandhi Matritva Sahyog Yojana, Conditional Maternity Benefit plan (CMB), as well as the Rajiv Gandhi Scheme for Empowerment of Adolescent Girls: Sabla.

The Second National Commission on labor, 2002

The Commission has also justified the protective discriminatory legislation in favor of women by recommending that all such legislation are necessary for women workers.
As rightly mentioned by our honorable Prime Minister Mr. Narendra Modi in one of his speeches,

“Women constitute 50% of our population and if they do not come out and work, then our country will never grow at the pace we all envision it to grow, and for that very reason, governments over time have taken special care to enact and amend laws to ensure greater participation of women in the growth story of India”.
From time immemorial women have confronted biased test. In this era too, as an ever-increasing number of young educated women go into clerical employment, their odds of confronting ruthless conduct from men at various word related dimensions have increased.

Protection for Women in Labour Statutes:

While there are multiple statutes aimed only at women, such as the Sexual harassment at Workplace Act, Maternity Benefits Act, etc., a number of other statutes that are aimed at the general working populace have special provisions for the welfare of women workers, namely:

Crèche Facility for Women Employees:

As per the provisions under Section 48 of the Factories Act, 1948 “Any factory employing 30 or more women workers are required to provide creche facilities for the use of children under the age of 6 years for the women employees.”

Provision for crèches exists under the following:

1. The Factories Act, 1948;
2. The Mines Act, 1952;
3. The Plantation Labour Act, 1951;
4. The Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996;
5. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;
6. The Contract Labour (Regulation and Abolition) Act, 1970;
7. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.

Safety/Health Measures

1.	Section 22 (2)	The Factories Act, 1948	Provides that no woman shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion
2.	Section 27	The Factories Act, 1948	Prohibits employment of women in any part of a factory for pressing cotton in which a cotton-opener is at work.
3.	Section 34	The Factories Act, 1948	No woman employee shall lift, carry, or move by hand or on the head of any material, article, tools, or appliance exceeding the maximum limit in weight of 30 kilograms
4.	Section 46 (2) (d)	The Factories Act, 1948	There shall be at least one women (worker) on the Canteen Managing Committee.
5.	Section 41, Section 43,	Contract Labour (Regulation and Abolition) Act, 1970	Separate Restrooms and Canteens
6.	Section 40, Section 41	The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979	Separate Restrooms and Canteens

Prohibition of work in Hazardous Occupations

1. Section 22(2) of the Factories Act, 1948 prohibits women to work with machinery in motion or in any case whatsoever.
2. Also Section 87 of the Factories Act, 1948 empowers the State Government to prohibit employment of women in dangerous operations.
3. The Factories Act also prohibits the employment of women in pressing cotton where a cotton-opener is at work. There is a proviso that if the feed end of a cotton-opener is in a room separated from the delivery end by a partition to the roof or to such height as the inspector may in any particular case specify in writing, women may be employed on the side of the partition where the feed end is situated under Section 27.
4. Section 34 states that Maximum Permissible Load To safeguard women against the dangers arising out of lifting to heavyweight, the Factories Act authorize the appropriate Governments to fix the maximum load that may be lifted by women. Rules framed by all the State Governments (Except U.P.) have fixed the following maximum weights for women employed in factories.

1.	Adult	Females	65 lbs
2.	Adolescent	Females	55 lbs
3.	Children	Female	30 lbs

Turning Point Precedents

• In Pearson v. Belgium Co. Ltd., The question was whether a woman could clean the stationary parts of a machine if the machine as a whole is in motion. The Court held that even stationary parts of the machine could not be cleaned by a woman if the machinery as a whole is in motion.
• Also, In Richard Thomas and Baldwins Ltd. v. Cummings, The Court noted that there would be no breach of statutory duty if an injury occurred while the machinery was not enclosed, if the power was cut off and the machinery was under repair and the parts were not in motion but were moved by hand for repair purposes.
• In a landmark case of B.N. Gamadia v. Emperor, the Bombay High Court observed that the provisions of the Section are not complied with if the door is divided between the two parts of the room and opened by a woman employed while the door is shut, but not locked or if other effective means are taken to prevent the door from being opened by a woman.

Prohibition of Night Work

1.	Section 66 (1) (b)	The Factories Act, 1948	States that no woman shall be required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.
2.	Section 25	The Beedi and Cigar Workers (Conditions of Employment) Act, 1966	Stipulates that no woman shall be required or allowed to work in any industrial premise except between 6 a.m. and 7 p.m.
3.	Section 46 (1) (b)	The Mines Act, 1952	Prohibits employment of women in any mine above ground except between the hours of 6 a.m. and 7 p.m.
4.	–	Shops and Establishment Act, 1953	No women shall be required or allowed to work in any establishment after 9:30 PM
5.	Section 25	The Plantation Labour Act, 1951	Except with the permission of the State Government, no woman or child worker shall be employed in any plantation otherwise than between the hours of 6 a.m. and 7 p.m.: Provided that nothing in this section shall be deemed to apply to midwives and nurses employed as such in any plantation.
6.	–	The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979	No women shall be required or allowed to work in any establishment after 9:30 PM

In Triveni K.S. and Others v. Union of India and others, Section 66(1)(b) of the Constitution was challenged to be discriminatory on the basis of sex. The High Court held that women should not be employed for their own safety and welfare even during the night was an ideology of an erstwhile age that was out of tune with modern requirements for equality, especially between sexes. With regard to an exception provided to the fishing and canning industry, this was postulated that it would seem a ludicrous assertion that women in these sectors would be completely safe but still not safe in the textile industry. Consequently, Section 66(1)(b) of the Act was ruled unconstitutional by the High Court and proclaimed that females in the fishing industry should also be given more or less the same protection as some of those provided for.

Provisions for Separate Latrines and Urinals

1.	Section 19	The Factories Act	1948
2.	Section 20	The Mines Act	1952
3.	Section 9	Plantations Labour Act	1951
4.	Rule 42	The Inter-State Migrant Workmen (RECS) Central Rules	1980
5.	Rule 53	The Contract Labour (Regulation and Abolition) Act	1970
6.	–	The Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act	1996
7.	–	The Beedi and Cigar Workers (Conditions of Employment) Act	1966

Latrine and Urinal Facilities Separate conservancy facilities are provided to women workers in Factories Act, 1948.  

• The Factories Act, 1948 makes it obligatory for every factory to maintain an adequate number of latrines and urinals of the prescribed type separately for men and women workers.
• Such facilities are to be conveniently situated and accessible to workers at all times while they are in the factory.  
• Every latrine is required to be undercover and so partitioned off as to secure privacy and have a proper door and fastenings.  
• Sweepers are required to be employed to keep latrines, urinals and washing places clean.  
• Standard of construction and the scale of the latrine accommodation to be provided for men and women workers are contained in the rules framed by the concerned state government.

Provisions for Separate Washing Facilities:

1.	Section 42	The Factories Act	1948
2.	Section 43, Section 41 (4), Section 41 (9)(ii)	The Inter-State Migrant Workmen (RECS) Act	1979
3.	Section 57, Section 44	The Contract Labour (Regulation and Abolition) Act	1970
4.	Section 34	The Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act	1996

According to Section 42 (1)(b) of the Factories Act,1948 separate and adequately screened washing facilities shall be provided for the use of male and female workers. Such facilities shall be conveniently accessible and shall be kept clean. However, the State Government is empowered to prescribe standards of adequate and suitable facilities for washing.

Prohibition of Sub-terrain Work

Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in any part of a mine which is below ground.

Provisions of Information Center under Factories Act, 1948

Each factory shall set up an information center for female workers to provide them with information on the protection measures in accordance with the law and the rules.

The Factories Act, 1948 (“Factories Act”)

The Aim & Object of the Act:

To safeguard the interest of workers and protect them from exploitation, the Act prescribes certain standards with regard to safety, welfare and working hours of workers, apart from other provisions. The Factories Act aims at protecting workers employed in factories from unfair exploitation by their employers. Proper working conditions include ensuring health, safety, welfare, proper working hours, leave, and other benefits.  

Exclusive Provisions for Women Workers

• There are also numerous other facilities to be offered to factory workers, such as women’s washing and bathing facilities, toilets( separate latrines and urinals for women), toilets and canteens. Public utility amenities will be offered separately for women at work.
• A female worker shift timing need not be altered except after a weekly holiday or a totally different holiday. Thus, employees (female) now have the right to receive at least a 24-hour notice for their change in shift timing.
• Female workers are prohibited from working in a dangerous occupation, from pressing cotton where a cotton-opener is at work and from limiting the maximum allowable load.
• The Factories Act also stipulates the employers employing 30 or more women workers to provide for cheches for children of the women workers, aged 6 years and below.
• No woman worker shall be allowed to work in a factory except between 6 a.m. and 7 p.m. The State Governments may by notification vary the limits as set out in this point, but in no circumstance will women employees be allowed to work between 10 p.m. and 5 a.m.

In 1987, the Act was amended, establishing safeguards against its use and handling of hazardous materials and protocols for the establishment of hazardous industries.

The Equal Remuneration Act, 1976 (“Equal Remuneration Act”)

Here again, we find discussions and cases of wage discrimination, in which women workers are paid less than their male counterparts. This is a story throughout the world, even in developed countries.

Article 39 of our Constitution directs that “States shall, in particular, have policies towards securing equal pay for equal work for both men and women.”

Under the Equal Remuneration Act:

• Employers shall pay equal pay to man and a woman who perform the same or even similar work.
• Employers could not legally discriminate between men and women in the recruitment process unless there is a legal limit to the employment of females in certain sectors.

ILO Convention & Constitution

The establishment of the International Labour Organisation in 1919 influenced considerably the activities of the State in this field. Most of these laws have been inspired by the Conventions and Recommendations adopted by the International Labour Organisation.

Promotion of equality in employment is positive enforcement, unlike prevention of discrimination, which is a sort of negative right or negative equality. This involves breaking down both horizontal and vertical occupational segregation.

The ILO Constitution of 1919, and the ILO Convention on Equal Remuneration 1951, both recognize the principle of “equal pay for work of equal value.” This is also enshrined in the Constitution of India under Articles 14 and 15, as well as the Equal Remuneration Act of 1976.  Despite such recognition often the issue of equal pay for women workers goes un-championed, even by trade unions, as they often do not view this to be a problem that affects the workers as a whole.

Another cause for a disparity in income is that a majority of the active female workforce is involved in the informal sector, such as agriculture and domestic work, which have very few regulations in terms of remuneration and social security.

Other Enactments

In addition to the above- mentioned laws, there are some other statutes for the welfare and protection of female factory workers. Furthermore, female workers should be  made aware of various acts providing social security for them:

• The Employee’s Provident Fund & Miscellaneous Provisions Act, 1952;
• The Employees State Insurance Act, 1948;
• Payment of Gratuity Act, 1972;
• Payment of Bonus Act, 1965, etc.

Need for Special Protection for Women?

• While women constitute a substantial chunk of the available workforce in India, they are still lacking in work participation (the percentage of women employed is still low) as well as the quality of employment.
• One of the reasons for this lack of this female labor participation is the lack of suitable jobs on offer, i.e. the disparity between what they can do and what is available to them.
• The question of safety is another reason for low female participation in the field of employment. Good governance and law enforcement is a must if the intention is to increase women’s sense of security and thereby encourage more women to take up jobs.
• Another problem is that the sectors that women are employed in such as “domestic work” fall under the “unorganized sector” and this is problematic in the sense that there is no strong set of workplace rules in place; this again is a factor that leads to the lack of women in the active workforce, as it is incredibly hard to simply maintain a job let alone build a career.
• This vulnerable position of women in terms of adverse conditions is only worsened by any possible sudden negative impact upon the industry as they are already dealing with unequal intrinsic situations.
• They have to cope with childbirth and related issues, they have also to deal with domestic responsibility, which in a patriarchal society is not much of a concern to men, etc.

Physical environment and occupational health & safety

A healthy workplace environment also involves the physical environment of the office or workshop and the occupational health & safety of your employees. Reduce the worry of your employees by looking into the safety of the workplace.

Simple things such as ensuring that all electric cables are covered or taped down with a cable tray to prevent employees from tripping over them are one of the issues, which your employees should not be worried about. Nobody wants to sit underneath a cracked ceiling! So, allow your employees to come to a safe workplace environment.

Health and lifestyle practice

Employees will care for the company they are working for if they know that they are being looked after. Employees are the best asset of every organisation, and putting effort into employee wellness can encourage better teamwork, increased productivity and reduce sick leave and workplace accidents.

Supportive workplace environment

Everyone has personal problems and it is only human that some personal emotions get brought into the workplace. Try not to ignore them but instead, find the core of the problem and be a supportive employer by showing concern. Your employee may come in to work depressed due to a passing a loved one or they had a terrible weekend.

As an employee, show compassion and be there for them. You do not need to sit by them the whole day, but by dropping an email, saying your doors are always open for them, shows that you not only care about the progress of the company, but you also care about the well-being of your employee. Remember that a supportive workplace culture is the foundation of a healthy workplace environment.

Ways to Create a Healthy Workplace Environment

A happy (and healthy!) employee is a productive employee. People who enjoy their jobs are more likely to engage thoroughly with their work. As an employee, it is always in your best interest to keep your staff happy; otherwise, resentment could start to impact on the quality of their work or they may even consider leaving.

Here are some ways that you could create a healthy workplace environment:

Promote wellness: You can encourage health and wellness of your employees by having a weekly exercise program such as a yoga session before the start of their work day or an aerobics class after work. This not only encourages a healthy lifestyle among your team but also give them the opportunity to get to know their workmates better.

Engage with different personalities: Every workplace has a combination of characters, and what works to motivate a particular employee, may not necessarily help others. Get to know your employees and find out whether a hands-on approach or more independence will help them.

Fair employee policy: This should apply to all employees regardless of their position or designation in the company. If a supervisor constantly misses deadlines, you should take it as seriously as you would with a junior employee. If your policy changes, ensure everyone knows about it.

Eat healthy: Healthy eating is not about strict dietary restrictions, staying unrealistically thin, or depriving yourself of the foods you love. It is about feeling great, having more energy, improving your outlook and your mood. Another great way to create a healthy workplace environment is by eating healthy, and no skipping lunch break because employees are busy is not a good excuse. Try catering a healthy lunch meal such as salads or sandwiches. You could also provide a bowl of fruits for snacks.

Team building activities: Team building activities not only bond employees closer but also motivate them, creating a positive workplace environment. These activities help improve internal communication and productivity, boosting morale at the workplace and in helping employees get to know each other better. Read our blog on Team Building Ideas for Great Staff Engagement to get some ideas.

Break time: Another great way to create a healthy workplace environment is by encouraging your employees to take a quick 5-minute break from their desk. Regular breaks will assist to relieve muscle fatigue, eyestrain and to restore the level of concentration. There are a couple of apps that you can permanently install on your employees’ desktop, which reminds them take to a break and stretch.

Clean and comfortable office: Working in a clean and comfortable office can have tremendous effects on the interactions among colleagues. Even if your office does not get the sunlight, try to make an effort to provide a relaxing atmosphere with comfortable furniture, working equipment and add a few work lights to make it brighter.

Hierarchy

There is high power distance in India. It is fully acceptable for strong hierarchy to occur in most Indian organisations. They have high need of structuring relationships, with an aim to attach a set of responsibilities and expectations to a certain person in a senior position. Typically, the manager is responsible for taking care of his or her* employees, and in return, her subordinates will be expected to show great loyalty to her without any questions on her authority. 
Keep in mind that India is a big country, carrying the slogan ‘unity in diversity’ for a reason, hence organisational structures can be very different from the north to the south.

Decision-Making

Very long decision making processes should be expected when it comes to working with Indians. They are quite comfortable with uncertainty and ambivalence, so delays in decision-making usually take place unless making a decision has become absolutely urgent.

Most of the major decisions are made by senior managers. Employees are sometimes encouraged to take decisions at lower levels. Tasks and assignments should be divided into small and controllable units, so that the management can easily keep track and supervise.

Time Perception

Indian people are flexible when it comes to punctuality. Arriving at a meeting 15 minutes after the official starting time is not rare. It is not that people mean to be rude or feel uninvolved, it is just their working style that being strictly on time is not seen as necessary. This also should be taken into account when setting deadlines for a project, as Indian people may have different perspectives regarding deadlines compared to western people.

Appointments

It is uncommon to set up an appointment to meet a colleague working in the same organisation, unless that person is on senior management level. People simply stop by and they expect you to be available for a meeting.
Appointments for commercial purposes should not be scheduled too far in the future, since there are high chances that they can be cancelled.

Dress Code

The Indian dress-code is relatively casual. Male employees will wear trousers and collared shirts to work. A jacket and a tie can be added when needed or for the more senior managers. Often female workers wear a colourful salwar kameez. Also, on the management level female managers mostly wear sarees.

Some Benefits of a Safe and Healthy Work Environment:

• It goes without saying that the safer the work environment, the more productive it is. Productive employees are an asset to all companies. For instance, productive employees can produce more output in less time, reducing operational costs for a company.
• Workplace safety promotes the wellness of employees and employers alike. Better safety equates to better health. Healthier employees do tasks more efficiently and they are happier in general.
• There are very few accidents in a safe working environment. This results in less downtime for safety investigations and reduces costs for worker’s compensation. This also reduces the time needed for employees to heal from injuries.
• Damage to industrial equipment creates costs for replacement and repair. Avoiding workplace injuries and damage to industrial equipment will incur fewer expenses and increase profit.
• If employers are concerned about the safety of their employees, the employees are more confident and comfortable in general. Also, absenteeism rates drop and employees are more focused on doing their tasks.

Ways to Create a Safe Working Environment

Being Aware and Identifying workplace Hazards

This is the first step to create a safe working environment. Employers need to identify workplace hazards and safety issues first. Then they must take measures to address them accordingly.

Workplace safety hazards can include mechanical issues, dangerous chemicals, hazardous electrical equipment, etc.

Mechanical problems can occur at any time while operating machinery in the workplace. Also, working with heavy equipment is very risky and can cause accidents.

If employees need to work with chemicals they have to be very cautious. Dangerous chemicals can burn or poison employees. Inhaling or ingesting them can even cause death.

Also, working with electronic equipment can have risks as well. Faulty electrical equipment can electrocute employees causing serious problems.

Employees should be aware of the types of equipment and know the hazards in their workplace. This enables them to stay clear of such hazards and unfortunate situations. Also, employers should train employees in the proper operation of machinery and equipment.

Implementing Workplace Safety Programs

The first step in building a safety program is to get all employees to commit to workplace safety. One way to do this is to include workplace safety in the company’s mission statement. It should be the duty of every employee to carry out the safety policies.

Employers should investigate all accidents in the workplace. They should encourage employees to follow all safety procedures.

Moreover, the hazards of not following them should be clearly stated in writing. This reduces the chances of mistakes.

Providing Proper Safety Training to Employees

Training is an important part of every company’s safety program to protect employees from accidents. Research shows that new employees have a higher risk of workplace accidents. It is the lack of knowledge of workplace hazards and proper work techniques that cause this greater risk.

Employers should provide employees with the necessary training to reduce workplace accidents. Employees should operate all equipment and machinery properly and safely.

For instance, the operation of heavy machinery should be properly taught to employees. Only trained or certified employees should operate such types of equipment. This is why it is important to provide safety training to employees by experts.

Using Protective Safety Equipment

The usage of equipment worn to minimize exposure to hazards that cause workplace injuries is very important. Not doing so can cause injury or even death.

Employees may have to work with chemicals, machines, electronics and other potential work hazards. Employers must provide such employees with personal protective equipment (P.P.E).

P.P.E should be safely designed, constructed and fit comfortably. Examples of P.P.E are gloves, protective eyewear, clothing, earplugs, hard hats, etc.

Reporting Unsafe Working Conditions

Employees must inform any kind of safety hazard or work risks to the management. Employers are legally obligated to ensure safe working environments for their employees. It is their duty to end workplace safety hazards and promote safety in the workplace.

Practicing Correct Posture

Bad posture is one of the main reasons for back pain. It is imperative to practice good and correct posture to reduce the risk of getting hurt.

For example, if you have to sit for long hours, use specially designed chairs. Also, always sit upright.

Reducing Workplace Stress

Workplace stress can cause many health problems like anxiety, depression, etc.

Job insecurity, workplace bullying, high workload, etc. cause workplace stress.

Learn how to combat workplace stress and avoid its negative effects. Workplace stress can have drastic effects on workplace productivity and employee health.

Promoting Regular Breaks

Employers should encourage employees to take regular breaks. Taking regular breaks will prevent tiredness and fatigue. This will further prevent injuries or illnesses. Breaks help employees stay fresh and focused.

Staying Sober and Alert

One of the major reasons for workplace fatalities is substance abuse. Substance abuse causes around 40% of all industrial workplace fatalities.

Individuals under the influence of alcohol or drugs are less alert. Their decision-making ability, coordination, concentration, and motor control gets compromised. This creates risks for workplace injury and fatalities.

Easy Access to Exits in Case of Emergencies

If there is an emergency, it is important to have easy access to emergency exits. Easy access to emergency exits will reduce injuries and casualties.

Also, it is important to have quick ways to shut down equipment in case of emergencies.

Using Mechanical Aids

An industrial job may need employees to work with heavy equipment. There are many injury risks involved in trying to lift and move heavy objects. Employees can use a conveyor belt, forklift or wheelbarrow instead of lifting manually.

The Central Government of India’s social programmes and welfare expenditures are a substantial portion of the official budget, and state and local governments play roles in developing and implementing social security policies. Additional welfare measure systems are also uniquely operated by various state governments. The government uses the unique identity number (Aadhar) that every Indian possesses to distribute welfare measures in India.

Employees’ Provident Fund Organisation

A provident funding is a kind of pension scheme. It is mandatory for every public, private and self-employee under The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Under this statutory act, every working person has a Universal Account Number (UAN), which is a 12-digit number allotted to employees who are contributing to EPF. It will be generated for each of the PF member by EPFO. The UAN will act as an umbrella for the multiple Member Ids allotted to an individual by different establishments and also remains same through the lifetime of an employee. It does not change with the change in jobs. The idea is to link multiple Member Identification Numbers (Member Id) allotted to a single member under single Universal Account Number. This will help the member to view details of all the Member Identification Numbers (Member Id) linked to it. In this account, an employee contributes 10% of his monthly salary here and his employer contributes a matching amount.

The major benefit of UAN or Universal Account Number will include easy tagging of multiple Employee’s Provident Fund Member Id under a single number, thus reducing the confusion. The UAN will help in easy transfer and withdrawals of claims. Along with this service like Online Pass-Book, SMS Services on each deposit of contribution and Online KYC Update can be provided on the basis of UAN number. One can transfer balance from one EPF to his/her another EPF account with the help of UAN.

There are new UAN portal start to check your EPF balance and nowadays all the details like how to check UAN status, download UAN EPF passbook, check EPF balance, provident fund claim and many more facility provided by new UAN portal.

EPFO has now started to provide the refund of Administrative charges if all the KYC details are updated for all employees. This incentive programme is announced for the Year 2016-2017.

The member who is unable to withdraw PF for any reason can withdraw without consent of employer. They can submit FORM 19 for EPF (Employees Provident Fund) and FORM 10C for EPS (Employees’ Pension Scheme) with any of the following official’s attestation to EPFO office in which their EPF account is maintained and Universal Account Number or UAN provided by EPFO is mainly used to track PF balance and PF claim status. Then, you have to activate this by visiting nearest EPFO office. You will not be able to track your PF status and balance without activation.

National Health Insurances

There are a number of public and private health insurance companies operating in India which caters to the Indian middle class. For vulnerable Indians, the government has Ayushman Bharat Yogna, which is a health insurance programme that has coverage that includes 3 days of pre-hospitalisation and 15 days of post-hospitalisation expenses. Moreover, around 1,400 procedures with all related costs like OT expenses are taken care of. All in all, PMJAY and the e-card provide a coverage of Rs. 5 lakh ($ 6860) per family, per year, thus helping the economically disadvantaged obtain easy access to healthcare services.

Factories Act, 1948:

The principal Act to provide for various labour welfare measures in India is the Factories Act, 1948. The Act applies to all establishments employing 10 or more workers where power is used and 20 or more workers where power is not used, and where a manufacturing process is being carried on.

Employee Welfare Officer:

Section 49 of the factories act provides that in every factory wherein 500 or more workers are ordinarily employed the employer shall appoint at least one welfare officer.

The welfare officer should possess:

(i) A university degree;

(ii) Degree or diploma in social service or social work or social welfare from a recognized institution; and

(iii) Adequate knowledge of the language spoken by the majority of the workers in the area where the factory is situated.

1. Supervision
2. Counselling workers
3. Advising management
4. Establishing liaison with workers
5. Working with management and workers to improve productivity.
6. Working with outside public to secure proper enforcement of various acts.

Health of Employees:

• Cleanliness:

Every factory shall be kept clean by daily sweeping or washing the floors and work rooms and by using disinfectant where necessary.

• Disposal of Wastes and Effluents:

Effective arrangements shall be made for the disposal of wastes and for making them innocuous.

• Ventilation and Temperature:

Effective arrangements shall be made for ventilation and temperature so as to provide comfort to the workers and prevent injury to their health.

• Dust and Fume:

Effective measures shall be taken to prevent the inhalation and accumulation of dust and fumes or other impurities at the work place.

• Artificial Humidification:

The State Government shall make rules prescribing standard of humidification and methods to be adopted for this purpose.

• Overcrowding:

There shall be in every work room of a factory in existence on the date of commencement of this act at least 9.9 cubic meters and of a factory built after the commencement of this act at least 4.2 cubic meters of space for every employee.

• Lighting:

The State Government may prescribe standards of sufficient and suitable lighting.

• Drinking Water:

There shall be effective arrangement for wholesome drinking water for workers at convenient points.

• Latrines and Urinals:

There shall be sufficient number of latrines and urinals, clean, well-ventilated, conveniently situated and built according to prescribed standards separately for male and female workers.

• Spittoons:

There shall be sufficient number of spittoons placed at convenient places in the factory.

Employee welfare can be divided into two categories, namely:

(1) Statutory, and

(2) Voluntary

1. Statutory:

The government has passed a number of legislations in order to set minimum stan­dards of safety and welfare for the employees at their workplace. Provisions have been made for the welfare facilities such as washing, storing, first-aid appliances, hours of work, sanitation, etc.

2. Voluntary:

The employers voluntarily have provided welfare amenities to the employees besides the statutory facilities. They are more concerned with the welfare of their employees. Organizations such as Godrej and L & T provide adequate transport and similar other facilities to their employ­ees. Facilities for recreation, medical treatment, free meals or subsidized meals, schooling facilities for children, and sports and games are provided by many organizations.

Organizations have given opportunities to work with flexible working schedules. It helps to meet business commitments while at the same time supporting one’s personal life needs. Organizations also provide medi-claim insurance coverage to employees for expenses relating to hospitalization due to illness, disease, and injury. Harassment policies are also made to protect harassment of any kind to employees.

The voluntary welfare facilities may also classify into those provided within and outside the factory premises.

(i) Welfare and amenities within the factory premises.

(ii) Welfare and facilities outside the factory premises.

Welfare and amenities within the factory premises include:

(i) provision for latrine and urinals

(ii) wash­ing and bathing

(iii) creches

(iv) rest shelters and canteens

(v) arrangement of drinking water

(vi) arrangement for prevention of fatigue

(vii) administrative arrangement within the plant to look after welfare

(viii) uniforms and protective clothing

(ix) shift allowance.

Welfare and amenities outside the factory premises include:

(i) maternity benefit

(ii) social insurance

(iii) benevolent fund

(iv) medical facilities

(v) education facilities

(vi) housing facilities

(vii) recre­ational facilities

(viii) holiday/leave and travel facilities

(ix) workers’ cooperatives

(x) other programme for the welfare of women, youth, and children

(xi) transport to and from the place of work.

Types of Employee Welfare Services:

1. Safety Services:

Prevention of accidents is an objective which requires on explanation. The costs of accidents are enormous in suffering to the injured, in reduction or loss of earnings, in disabilities and incapacities which afflict those involved and in compensation, insurance and legal costs, in lost time, filling in reports and attending to enquiries, and in spoilage of materials, equipment and tools to management.

Accidents are the consequence of two basic factors: technical and human. Technical factors include all engineering deficiencies, related to plant, tools material and general work environment.

Thus, for example, improper lighting, inadequate ventilation, poor machine guarding and careless housekeeping are some hazards which may cause accidents. Human factors include all unsafe acts on the part of employees. An unsafe act is usually the result of carelessness.

Young and new employees, because of their difficulty in adjusting to the work situation and to life in general, also have many more accidents than do old and nature workers. The Phenomenon of Accident Proneness.

Some persons believe wrongly in the theory that certain individuals are accident prone, that is, they have some personality trait as opposed to some characteristic of the environment which predisposes them to have more accidents than others in work condition where the risk of hazards is equal to all.

Components of a Safety Service:

Among the many components of a safety service the following have proved effective when applied in combination:

Maintenance of the workplace and work equipment Employer must have:

1. Buildings and work equipment kept in good repair;
2. Space for safe movement and access, for example to machinery;
3. Safe glazing, if necessary, for example painted, toughened or thick, which is marked to make it easy to see;
4. Good drainage in wet processes;
5. Weather protection for outdoor workplaces, if practical;
6. Outdoor routes kept safe during icy conditions, for example salted/sanded and swept.

Floors and Traffic Routes:

Employer must have:

1. Floors, corridors and stairs free of obstructions, for example trailing cables;
2. Surfaces that are not slippery;
3. Well-lit outside areas – this will also help security;
4. Safe passages for pedestrians and vehicle the best approach is to keep vehicles and pedestrians apart using separate routes;
5. Level, even surfaces without holes or broken boards;
6. Handrails on stairs and ramps where necessary;
7. Safe doors, for example vision panels in swing doors, and safety devices on power doors.

Transparent and translucent doors, gates, walls and windows

Windows, transparent or translucent surfaces in walls, partitions, doors and gates should, where necessary to protect health and safety, be made of safety material or protected against breakage. Employer must mark these surfaces clearly if there is a danger that people might collide with them.

Windows and Safe Cleaning:

1. Employer must have windows that can be cleaned safely.
2. Open able windows should open safely so that people cannot fall out or bump into them.

Escalators and Moving Walkways:

Escalators and moving walkways should work safely, be equipped with any necessary safety devices and fitted with one or more emergency stop controls which are easily identifiable and accessible.

Appointment of Safety Officer:

In big organizations, the appointment of a safety officer to head the safety department is a must. In small organisations, the personnel manager may look after the functions of this department.

The head of the safety department, who is usually a staff man, is granted power to inspect the plant for unsafe condition, to promote sound safety practices (through posters and safety campaigns), to make safety rules, and to report violations to the plant manager.

Support by Line Management:

The head of the safety department, whether enjoying a staff or a functional position, by himself, cannot make a plan safe. His appointment lulls line management into assuming that all its safety problems have been solved.

Elimination of Hazards:

Although complete elimination of all hazards is virtually an impossibility but following steps can be taken to help reduce them:

Job Safety Analysis:

All job procedures and practices should be analysed by an expert to discover hazards, he should then suggest changes in their motion patterns, sequence and the like.

Placement:

A poorly placed employee is more apt to incur injury than a properly placed employee. Employees should be placed on jobs only after carefully estimating and considering the job requirements with those which the individual apparently possesses.

Personal Protective Equipment:

Endless variety of personal safety equipment is available nowadays which can be used to prevent injuries

Safeguarding Machinery:

Guards must be securely fixed to all power-driven machinery.

Materials Handling:

Though often ignored, the careless handling of heavy and inflammable materials is an important source of several injuries and fire.

Hand Tools:

Minor injuries often result from improperly using a good tool or using a poorly designed tool. Therefore, close supervision and instruction should be given to the employees on the proper tool to use the proper use of the tool.

Safety Training, Education and Publicity:

Safety training is concerned with developing safety skills, whereas safety education is concerned with increasing contest programmes, safety campaigns, suggestion awards, and various audio-visual aids can be considered as different forms of employee education.

Safety Inspection:

An inspection by a trained individual or a committee to detect evidence of possible safety hazards (such as poor lighting, slippery floors, unguarded machines, faulty electrical installations, poor work methods and disregard of safety rules) is a very effective device to promote safety.

2. Health Services:

The prevention of accident constitutes only on segment of the function of employee maintenance. Another equally important segment is the employee’s general health, both physical and mental. There are two aspects of industrial health services

1. Preventive
2. Curative, the former consists of:
3. Pre-employment and periodic medical examination,
4. Removal or reduction of health hazards to the maximum extent possible,
5. Surveillance over certain classes of workers such as women, young persons and persons exposed to special risks.
6. Counselling Services:

An employee very often comes across problems which have emotional content. For example, he may be nearing retirement and feeling insecure or he may be getting promotion and feeling hesitant to shoulder increased responsibility or he may be worried due to some family problem.

Welfare service are divided into two groups:

(a) Welfare services within the premises of the factory (intra-mural) such as drinking and washing facilities, bathing, creche, canteen, rest room, shelter, prevention of fatigue and safety devices and

(b) Welfare amenities outside the establishment (extra-mural) include social security measures like social insurance, social assistance, recreation, sports, workers’ education, etc.

It also includes, cooperative credit societies transportation, housekeeping. Scope of labour welfare takes care of workers’ life from cradle to grave as employees’ state insurance scheme provides medicine to a worker child and provides funeral benefit to a worker after his last minutes in this world. Scope of labour welfare includes statutory and non-statutory welfare amenities which are also increasing day-by-day and in most of workers’ welfare is by and large acceptable to society.

On the whole labour welfare aims at minimizing stress and strains of industrial workers. It observes that workers get clean and neat environment of work. They should get safe working conditions with minimum hazards of work life. They should be able to live a life with dignity, status and self-respect Scope differs from industry-to-industry and country-to-country.

As per 1981 census, women workers constitute about 19 per cent of the total workforce (i.e., 45 million out of 222 million). Out of 45 million a small fraction of about 2 million women workers were employed in the organized sector. They were not covered by any protective labour legislation.

Majority of women are employed in cotton textile, bide making, garment industries, rice mills, tobacco cutting, Cashewnut, matches, construction work, plantations, and household and small-scale industries. On account of scientific and technological development of the country, there is an increase in the employment of women in electronics industries.

The scope of Labour Welfare is very broad because it covers different industries and activities.

However, the researchers have summarized the scope and listed the following facilities covered in the scope are:

Working Environment:

Conducive working environment helps to improve efficiency of workers and includes proper lighting, temperature, ventilation, safety, sanitation, transportation, cleanliness, seating arrangement and canteen facilities. Workplace sanitation and cleanliness is very important for making workplace helpful for workers to work.

Following activities are important to make it conducive for working:

1. Proper ventilation using cross windows and doors, adequate lighting, controlled temperature, regular cleanliness, seating/standing arrangements for working, etc.
2. Proper safety measures for lift, elevators, ropes, cranes, electric and dangerous operating.
3. Sufficient urinals separate for gents and ladies, lavatories and bathing facilities with regular proper cleaning.
4. Proper gardening with watering facilities and cleanliness of surrounding regularly.
5. Pure drinking water facilities with purification and cooling facilities.
6. Well maintained canteen services with good quality of food at nominal rates.

Health Facilities:

Health is wealth. To maintain good health of the workers, the required health facilities should be maintained up to required standard. It includes the following facilities:

1. Health centre for regular check-up for workers and their families should be provided within factory or nearest place.
2. Availability of ambulance service at telephone call itself should be provided in case of emergency.
3. Free and regular medical check-up of workers and counselling regarding health and diet to workers.
4. Availability medical staff and of doctors inside the factory for emergency.
5. Welfare facilities for women and children such as – crèches, checking for pregnancy, etc.
6. Suitable sports and recreation facilities in the premises.
7. Schooling, vocational training facilities and library services

General Welfare Facilities:

1. Housing facilities for workers near to the work facilities.
2. Cleaning and sanitation facilities in housing facilities.
3. To and fro transportation facilities for workers and their children going for schools
4. Sports facilities of indoor and outdoor in the residential location.
5. Family planning and family care counselling.
6. Entertainment facilities in the campus for workers and their families.
7. Transport facilities for tours, picnics and festival celebration.

Economic Welfare Facilities:

1. Subsidized consumer goods including grains, vegetables, milk, oil and other daily requirements through cooperative stores.
2. Banking, postal, services and credit facilities through credit society.
3. Health insurance schemes by employers free of costs.
4. Regular basis bonus and profit-sharing schemes.

The following are generally given as the principles to be followed in setting up a employee welfare programme:

1. The programme should satisfy real needs of the workers:

This means that the manager must first determine what the employees’ real needs are. Extreme care and serious research should go into the decision of whether or not to offer a particular employee service. More evidence is required than a mere unfounded bias of the manager.

2. The programme should be such as can be handled best by a group approach:

For example, life insurance purchased as a group can be obtained at a significantly lower price than some insurance purchased by the individual. But it is argued that depending upon the differences in sex, age, marital status, number of children, type of job and the income level of employees, there are large differences in their choice of a particular benefit.

As a result, it is suggested that a package total value of benefits should be determined and the selection of the mix of benefits should be left to the choice of each individual employee. This is known as the ‘cafeteria approach’. Such an approach individualizes the benefit system though it may be difficult to operate and administer.

3. The employer should not assume a benevolent posture:

Some employers foster dependency on employees which is counter-productive. The paternalistic and benevolent approach has fallen in disrepute as a result of the employee’s desire to gain independence and dignity.

4. The cost of the programme should be calculable and its financing established on a sound basis:

There are several employee services such as pension, provident fund, insurance, etc., which are not cheap to administer. The cost of such benefits can hardly be termed a fringe. It is, therefore, essential that before conceding any such service over the collective bargaining table sound actuarial estimates of costs are made and adequate provisions for financing it are established.

5. The management should ensure cooperation and active participation of unions and workers in formulating and implementing the programme.
6. There should be a periodical assessment or evaluation of the programme and necessary timely improvement on the basis of feedback.

Labour welfare has emerged as a professional discipline.

Just like any other applied profession, it has specific aims and objectives based upon certain principles:

(a) Principle of Integration or Coordination: Welfare programmes cannot be segregated. They cannot be taken up part-by-part. It is a whole programme. For example, health and welfare should cover up all the aspects of health and hygiene, physical, social and moral hygiene.

(b) Principle of Association: Any welfare programme meant for the development of workers’ community should associate workers with the planning and execution of the programme. Workers should be associated for conducting activities.

(c) Principle of Responsibility: Workers should be incorporated and they should be hold responsible for the activities aiming at workers’ welfare. For example, workers participate in safety committees, sports committees, canteen committees, etc.

(d) Principle of Accountability: Every programme, every person and every activity should be answerable. Welfare programme are socially audited and evaluated. Successful programme is retained Weaker programme are straightened.

(e) Principle of Timeliness: Timely help is a valuable help. A stick in time saves nine. When a worker needs economic assistance for trading a sick child or for building a house, there should be reasonable lapse of time but beyond a limit he can’t wait. Appropriate action begins taken for welfare might serve the purpose. In certain circumstances of emergency, delay in assistance means denial of human value and justice.

During the early period of industrial development, efforts towards workers’ welfare was made largely by social workers, philanthropists and other religious leaders, mostly on humanitarian grounds. Before the introduction of welfare and other legislation in India, the conditions of labour were miserable. Exploitation of child labour, long hours of work, bad sanitation, absence of safety measures etc., were the regular features of the factory life. The earliest legislative approach could be tracked back to the passing of the Apprentices Act of 1850. This act was enacted with the objective of helping poor and orphaned children to learn various trades and crafts. The next act was the Fatal Accidents Act of 1853 which aimed at providing compensation to the families of workmen who lost their life as a result of “actionable wrong”. Earlier attempts at legislation in this country were mainly aimed at regulation of employment.

Pre- Independence Era

The movement to improve the working conditions of Indian labour started with the passing of the first Indian Factories Act in 1881. The deplorable conditions in which labour worked in the textile mills in Bombay during those days, as testified by the factory commission of 1875 was the immediate cause for the passing of the Act. Adult labour, however, was not protected in any manner. It was found inadequate in many respects. Any how, it recognized the right of the government to safeguard the interests of the workers by means of a suitable legislation. Therefore, the Mulock Commission was appointed by the Government of Bombay in 1884 to review the working of the Factories Act of 1881.

The Factories (Amendment) Act 1891 applied to all factories employing 50 persons or more. Provisions relating to better ventilation, cleanliness and for preventing over crowding in factories were also made. The hours of work for children were reduced to six per day. Employment of women between 7.00 pm and 5.00 am was prohibited. Women were allowed to work for eleven hours in a day with one and a half hours rest. Certain provisions were also made for the health and safety of the Industrial workers.

The outbreak of First World War in 1914 let to a number of new developments. During the war years (1914 to 1918) the number of factories and the number of persons employed wherein increased. Wages did not keep pace with the rising prices and profits. The establishment of the International Labour Organization (ILO) in 1919 was another important land mark in the history of Labour Welfare Movement in our Country. The formation of AITUC (1920), the first central trade union organization in our country, also helped in furthering the cause of welfare movement.

Another milestone in the field of labour welfare was reached with the appointment of Labour Investigation Committee (Rege Committee) in 1944. The committee was asked to investigate problems relating to wages and earnings, employment, housing and social conditions of workers. It covered different areas in labour welfare such as housing policy, rest and recreation, occupational diseases, relief in the case of old age and death, crushes, canteens, medical aid, washing and bathing facilities , educational facilities etc. For the first time in India, this committee highlighted the importance of welfare measures for workers in improving their social and economic life.

Post Independence Period

After independence, the labour welfare movement acquired new dimensions. It was realized that labour welfare had a positive role to play in the increasing productivity and reducing industrial tensions. The emergence of different central trade union organizations – INTUC (1947), HMS (1943), BMS (1955), CITU (1970), NLO etc. gave a further fillip to the growth of labour welfare movement. Mainly on the basis of the recommendations of the Rege Committee, the Government of India enacted the Factories Act 1948. To draft this important piece of legislation the services of Sir Wilfred Garrett were utilized. Thus, the Factories Act of 1948 came into effect from 1^st April 1949.

Various Labour Welfare Activities were incorporated in different five year plans. The First Five Year plan (1951 to 1956) paid considerable attention to the welfare of working classes. It laid emphasis on the development of welfare facilities, for avoidance of Industrial Disputes and for creating mutual goodwill and understanding. During this period, the Plantations Labour Act, 1951, the Mines Act, 1951, and the Employees’ Provident Fund Act, 1952 were enacted.

The Second Five Year plan (1956 to 1961) saw further developments in the field of labour welfare. New enactments were made to cover seamen and motor transport workers. A comprehensive scheme known as Dock Workers (safety health and welfare) scheme was drawn up in 1951. In 1959, the Government of Assam passed an Act called The Assam Tea Plantations Employees’ Welfare Fund Act. This period also saw number of enactments in the field of industrial housing by various state governments.

The Third Five Year plan (1961 to 1966) stressed the need for effective implementation of various statutory welfare provisions. It recommended improvement in working conditions and emphasized greater productivity on the part of workers. Some of the legislative measures during this period include the Maternity Benefit Act 1961, Apprentices Act 1961, and Payment of Bonus Act 1965.

The Fifth five year plan (1974 to 1979) also laid down programmes for labour welfare. For promoting industrial safety in increasing measure, the plan provided for setting up of safety cells in various states. An amount of Rs.57 crores was provided for labour welfare including craftsmen training and employment service.

The Sixth Five Year plan (1980 to 1985) decided to promote special programmes which would also need to be undertaken by the state governments for the benefit of Agricultural Labour, Artisans, Handloom Weavers, Fishermen, Leather workers and other unorganized workers in the rural and urban areas. An outlay of Rs.161.7 crores was proposed for the labour welfare programmes during this year.

In spite of all these efforts, the welfare work in India is still considerably below the standard setup in other countries. However, it has come to stay as an accepted feature of employment conditions and is bound to make rapid progress in the years to come, especially when the Indian Republic is wedded to the ideal of a welfare state with socialistic objectives.

Paternalism is action that limits a person’s or group’s liberty or autonomy and is intended to promote their own good. Paternalism can also imply that the behavior is against or regardless of the will of a person, or also that the behavior expresses an attitude of superiority. Paternalism, paternalistic and paternalist have all been used as a pejorative.

The word paternalism is from the Latin pater “father” via the adjective paternus “fatherly”, which in Medieval Latin became paternalis. Some such as John Stuart Mill think paternalism to be appropriate towards children, saying: “It is, perhaps, hardly necessary to say that this doctrine is meant to apply only to human beings in the maturity of their faculties. We are not speaking of children, or of young persons below the age which the law may fix as that of manhood or womanhood. “Paternalism towards adults is sometimes thought of as treating them as if they were children.

Criteria for effective paternalism

Thomas Pogge argues that there are a number of criteria for paternalism.

• The concept should work within human flourishing. Generally accepted items such as nutrition, clothing, shelter, certain basic freedoms may be acceptable by a range of religious and social backgrounds.
• The criteria should be minimally intrusive.
• The requirements of the criteria should not be understood as exhaustive; leaving societies the ability to modify the criteria based on their own needs.
• The supplementary considerations introduced by such more ambitious criteria of justice must not be allowed to outweigh the modest considerations.

Types

Soft and hard

Soft paternalism is the view that paternalism is justified only if an action to be committed is involuntary. John Stuart Mill gives the example of a person about to walk across a damaged bridge. We can’t tell the person the bridge is damaged as he doesn’t speak our language. According to soft paternalism, we would be justified in forcing him to not cross the bridge so we could find out whether he knows about the damage. If he knows and wants to jump off the bridge and commit suicide then we should allow him to. Hard paternalists say that at least sometimes we are entitled to prevent him from crossing the bridge and committing suicide.

Pure and impure

Pure paternalism is paternalism where the persons having their liberty or autonomy taken away are those being protected. Impure paternalism occurs when the class of people whose liberty or autonomy is violated by some measure is wider than the group of persons thereby protected.

Moral and welfare

Moral paternalism is where paternalism is justified to promote the moral wellbeing of a person(s) even if their welfare wouldn’t improve. For example, it could be argued that someone should be prevented from prostitution even if they make a decent living off it and their health is protected. A moral paternalist would argue that it is ethical considering they believe prostitution to be morally corrupting.